Legal Opinion

Poiteer v. State

District Court of Appeal of Florida

Decided October 20, 1993No. 93-02486PublishedCited by 22 opinions

1Opinion of the Court

627 So.2d 526 (1993)

Carl POITEER, Appellant,

v.

STATE of Florida, Appellee.

No. 93-02486.

District Court of Appeal of Florida, Second District.

October 20, 1993.

2Per curiam

Carl Poiteer appeals the summary denial of his motion to correct sentence. We reverse.

Poiteer is serving a fifteen-year sentence for armed robbery. Three years of this sentence represents mandatory time required by section 775.087(2), Florida Statutes (1989). Poiteer sought the deletion of this mandatory term, arguing that "[t]here was no showing and/or evidence presented to establish ... that defendant was in actual possession of a…

3Cases cited7 opinions

  1. State v. OverfeltSupreme Court of Florida · 1984
  2. Earnest v. StateSupreme Court of Florida · 1977
  3. Bell v. StateDistrict Court of Appeal of Florida · 1991
  4. Young v. StateDistrict Court of Appeal of Florida · 1993
  5. Spencer v. StateDistrict Court of Appeal of Florida · 1980

2 more not listed; retrieve them via the Exa API.

4Cited by22 opinions

  1. Callaway v. StateDistrict Court of Appeal of Florida · 1994
  2. Brown v. StateDistrict Court of Appeal of Florida · 1994
  3. Demps v. StateDistrict Court of Appeal of Florida · 1995
  4. Butchek v. StateDistrict Court of Appeal of Florida · 1996
  5. Blount v. StateDistrict Court of Appeal of Florida · 1993

17 more not listed; retrieve them via the Exa API.

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